The state of New York is famous for its parades. Whether it is the Macy’s Thanksgiving Day Parade, the St. Patrick’s Day Parade, or the Gay Pride Parade, parades are not an uncommon occurrence on New York City streets.
While parades can be a wonderful display of art and entertainment, some suffer injuries in a parade accident. If injured in a New York parade that took place on city streets, here’s what you need to know about your rights and options for recovery.
Types of Parade Accidents
With so many different things happening at once during a parade – a band playing and marching, a float driving down the road, a group of acrobats tumbling down the street – the types of accidents that can occur vary. According to an article in The International Business Times, the Macy’s Thanksgiving Day Parade has seen a number of accidents over the years.
In 1927, Felix the Cat caught fire; in 1986, Superman’s hand was torn off; and in 2005, a balloon knocked off part of a lamppost, hitting a woman in the head and causing an injury. Other injuries are possible as well.
Who’s liable for the injury?
The party who is liable, or legally responsible, for an injury sustained during a city parade is dependent upon the cause of the accident. Those who may be liable for injuries include the following.
- The city
- A city contractor
- A business
- An individual (such as the driver of a car who hit someone during a parade)
Can I sue the city of New York?
Many people wonder whether or not they have the right to sue the city when they sustain and injury on city property or at a government-sponsored event. If harmed by a city, you may file a claim against the state of New York or its municipalities. The government agency against which you file the claim will depend on which party is responsible.
Filing a Notice of Claim
In order to file a civil claim against the city of New York, you must first file a Notice of Claim. You must serve the Notice of Claim upon the municipality government at least 30 days before you plan to file your lawsuit. If you do not file a Notice of Claim, you do not have the right to begin a civil proceeding against New York City.
The Notice of Claim must include the information listed below.
- The name of the claimant and his attorney
- The nature of the claim
- The precise manner of when and where and how the claim arose
- The amount of injury damages, in dollars, sustained by the claimant
You can serve the claim in person or via mail. Finally, the last thing that is important to remember when filing a Notice of Claim is that after filing the Notice of Claim, a lawsuit must commence within one year and 90 days following the date that the accident occurred. If filing a wrongful death claim, you have two years to file the lawsuit.
Why Hiring an Attorney is a Must in the Event of a Parade Injury
Filing a lawsuit can be an overwhelming process; when filing a lawsuit against the government alleging parade liability, though, the details are even more technical. To ensure that you have fair representation during your civil suit, it is important that you seek legal help.
At Gacovino, Lake & Associates, P.C., our attorneys can provide you with all of the legal assistance you need. If you have questions about how to start filing your Notice of Claim today, call us now at 800-550-0000.
photo credit: Zinneke Parade – Joyeuse Entrée 2016 via photopin (license)
